Types Of Judicial Precedent Flashcards
1
Q
Types can be rephrased to understand more as (but don’t write in exam):
A
Qualities
2
Q
ORIGINAL precedent
A
When a case raises a new point of law that has never before been decided, the judge(s) must make a decision on that point of law
Thus becoming an OP
Judges look at cases which are closest in principle and may apply similar rules, known as reasoning by analogy
3
Q
BINDING precedent
A
4
Q
PERSUASIVE precedent
A
5
Q
Three types of Judicial Precedent
A
- Binding
- Persuasive
- Original
6
Q
Original precedent case example
A
Donoghue v Stevenson
created negligence
7
Q
Binding precedent case example
A
Donoghue v Stevenson
Ratio/precedent had to be followed in Grant v AKM
